Galveston Quizno's sues insurer over water damage

By John Suayan, Galveston Bureau | Sep 8, 2010

GALVESTON - The Galveston franchisee of a Quizno's Sub is suing Farmers Insurance Exchange to recover full compensation for damage to its property, recent court documents say.

According to a lawsuit filed Aug. 23 in Galveston County District Court, FIE denied Bossvash Inc.'s claim for severe water damage to the Quizno's business and property.

Bossvash claims that on Sept. 15, 2008, an upstairs pipe in the building burst and flooded the premises.

"Water intrusion caused significant damage to the plaintiff's business equipment and property, personal belongings, and contents within the business," the original petition says.

The plaintiff subsequently filed the claim in question and asked FIE to cover repair costs.

The defendant, however, rejected Bossvash's request. Losses such as those the plaintiff suffered are covered under the policy, the suit argues.

Bossvash asserts that FIE paid it a fraction of its claims as well as under-scoped the alleged damages during the investigative phase.

"The defendant FIE misrepresented to the plaintiff that the damage to the property was not covered under the policy even though the damage was caused by a covered occurrence," the suit says.

"To date, FIE continues to delay in the payment for the damages to the property."

Consequently, Bossvash seeks unspecified monetary damages and a jury trial.

Attorneys J. Steve Mostyn of Houston and Craig Eiland of Galveston are representing the plaintiff.

The case has been assigned to Galveston County 405th District Court Judge Wayne Mallia.

Case No. 10-cv-2394

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